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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Robert Kiraly ) File No.  EB-FIELDWR-13-00009889

   M/V KIWI RASCAL VIN 1247269 )

   Honolulu, Hawaii ) NOV No. V201332860019

   )

                              NOTICE OF VIOLATION

   Released: July 18, 2013

   By the Resident Agent, Honolulu Resident Agent Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Robert Kiraly, registered owner
       of the Emergency Indicating Radio Beacon (EPIRB) associated with the
       vessel KIWI RASCAL, 1247269, in Honolulu, Hawaii. Pursuant to Section
       1.89(a) of the Rules, issuance of this Notice does not preclude the
       Enforcement Bureau from further action if warranted, including issuing
       a Notice of Apparent Liability for Forfeiture for the violation(s)
       noted herein.^

    2. On July 12, 2013, an agent of the Enforcement Bureau's Honolulu
       Resident Agent Office received an e-mail from U. S. Coast Guard (USCG)
       District 14 Joint Rescue Coordination Center, requesting assistance in
       locating interference to the safety and distress frequency of 121.5
       MHz. The agent contacted the USCG, and found that Civil Air Patrol had
       determined that the source of the interference was the M/V KIWI
       RASCAL, located at Keehi Lagoon, in violation of the following:

   47 C.F.R. S 80.89(a): "Stations must not engage in superfluous
   radiocommunication." Transmissions by EPIRBs are intended to be actuated
   manually or automatically and operated automatically as part of a ship or
   a survival craft station as a locating aid for survival purposes. At the
   time of the inspection, the vessel EPIRB had been activated in the absence
   of any emergency situation.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Robert Kiraly must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Robert Kiraly
       to support his response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by Robert
       Kiraly, verifying the truth and accuracy of the information therein,^
       and confirming that all of the information requested by this Notice
       which is in the licensee's possession, custody, control, or knowledge
       has been produced. To knowingly and willfully make any false statement
       or conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. All replies and documentation sent in response to this Notice should
       be marked with the File No. and NOV No. specified above, and mailed to
       the following address:

   Federal Communications Commission

   Honolulu Resident Agent Office

   POB 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to Robert Kiraly  at his address of record.

    7. The Privacy Act of 1974^ requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance.

   FEDERAL COMMUNICATIONS COMMISSION

   John R. Raymond

   Resident Agent

   Honolulu Resident Agent Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission